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Green Card Application through EB-1B Outstanding Researcher Category
As Immigration Attorneys committed to providing the best service, we keep informed of the best possible options which we can make available to our clients. Because of the retrogression of visa number availability for those wishing to attain a green card who are from China and India in the EB-2 category has led to the need to wait for years in order to attain a green card, many people have asked for another option. The EB-1B category is one such option for those that qualify. Because this category is under the first preference, visas are immediately available. For researchers and scholars who have at least three years of experience and a permanent job offer for research or teaching, it is an increasingly popular option for attaining a green card. Nevertheless, many are still wondering whether or not they are qualified for such a classification. There is a common misunderstanding that it is very hard to get an EB-1B petition approved. Even though many applicants are in stable research positions, they often do not think about this avenue to get green card. We wish to provide some basic guidance to determine the eligibility for EB-1B outstanding research/professor petitions.
First of all, EB-1B petition must be sponsored by a qualified employer. Universities and research companies are all qualified to be the EB-1B petitioner. Some small private companies may also be qualified as long as they have at least 3 full-time researchers and have achieved documented accomplishments in an academic field.
If you have a qualified employer willing to sponsor your EB-1B case, you may also wonder if you have the qualifications needed to apply for the case. We have handled numerous cases with individuals from various backgrounds. Attorney would like to share with you a list of some of average or challenging approved EB-1B cases that she has handled in the hopes that this information will give you additional details concerning your own case.
Case 1: Dr. Lee
| Employer: | A University |
| Education: | Graduated from a prestigious U.S. university in 2006 with a Ph.D. degree in Information Systems. |
| Publications: | One (1) book in English; No journal publications. |
| Citations: |
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| Review Service: |
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| Recommendation Letters: |
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| Case Processing Time: |
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Case 2: Dr. Gupta
| Employer: | A Medical School |
| Education: | Graduated from a prestigious Chinese university in 2002 with a Ph.D. degree in Neuroscience. |
| Publications: | Three (3) first-authored English papers and one (1) second-authored English paper |
| Citations: | Thirty-eighty (38) citations |
| Review Service: | Performed review service for two (2) journals |
| Recommendation Letters: | Six (6) recommendation letters, four (4) of which were from U.S. universities and two (2) of which were from international universities. |
| Case Processing Time: | Six (6) months. |
Case 3: Dr. Kim
| Employer: | A University |
| Education: |
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| Publications: | Four (4) first-authored English publications and one (1) second-authored publications |
| Citations: | Two (2) citations. |
| Review Service: | Performed grant review service for two (2) organizations |
| Recommendation Letters: | Six (6) recommendation letters, all of which were from U.S. universities / university medical centers |
| Case Processing Time: |
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| Request For Evidence: |
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Case 4: Dr. Park
| Employer: |
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| Education: | Graduated from a prestigious U.S. university in 2005 with a Ph.D. in Geography. |
| Publications: | Four (4) first-authored English publications |
| Citations: | Zero (0) citations |
| Review Service: | Performed review service for one (1) journal |
| Recommendation Letters: | Six (6) recommendation letters, five (5) of which were from universities in the United States and one (1) of which was from a university in Canada |
| Case Processing Time: | Unknown |
Case 5: Dr. Krishnan
| Employer: | A University |
| Education: | Graduated from a prestigious Chinese university with a Doctor of Medicine (MD) degree in 2002. |
| Publications: | Three (3) first-authored or sole-authored English publications |
| Citations: | Zero (0) citations |
| Review Service: | Performed review service for zero (0) publications |
| Recommendation Letters: | Eight (8) recommendation letters, seven (7) of which were from prestigious U.S. universities or university medical centers and one (1) of which was from a private research institution. |
| Case Processing Time: | Three (3) months |
Case 6: Dr. Wang
| Employer: | A Private Company |
| Education: | Graduated from a prestigious U.S. university with a Ph.D. in Electrical Engineering in 2007. |
| Publications: | One (1) first-authored publication and one (1) second-authored publication |
| Citations: | Zero (0) citations |
| Review Service: | Performed review service for zero (0) publications |
| Recommendation Letters: |
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| Case Processing Time: | Three (3) months |
Case 7: Dr. Choi
| Employer: | A University |
| Education: | Graduated from a prestigious U.S. university with a Ph.D. in Civil Engineering in 2004. |
| Publications: | Two (2) co-authored publications and four (4) co-authored conference proceedings. |
| Citations: | Zero (0) citations |
| Review Service: | Elected as a judge to review others’ work and also invited to review one (1) publication. |
| Recommendation Letters: | Five (5) recommendation letters, all of which were from prestigious U.S. universities. |
| Case Processing Time: | Three (3) months |
Case 8: Dr. Shah
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Employer: A University Education: Graduated from a prestigious Chinese university with a MD degree in 2002. Publications: Four (4) co-authored publications Citations: Zero (0) citations Review Service: - Served as an associate editor and performed review service on two (2) occasions.
Recommendation Letters: - Six (6) recommendation letters, five (5) of which were from prestigious U.S. universities and one (1) of which was from a private research institution.
Case Processing Time: Five (5) months
Case 9: Dr. Li
| Employer: | A Medical College |
| Education: | Obtained his Ph.D. in China in 2004. |
| Publications: | Five (5) first- and second-authored publications |
| Citations: | Ten (10) citations |
| Review Service: | Performed review service for zero (0) publications |
| Recommendation Letters: | Six (6) recommendation letters, four (4) of which were from prestigious U.S. universities or university medical centers and two (2) of which were from a private research institution. |
| Case Processing Time: | Eight (8) months |
Case 10: Dr. Gandhi
| Employer: | A University |
| Education: | Graduated from University of California with a Ph. D. in Comparative Literature in 2008. |
| Publications: | Seven (7) publications |
| Citations: | Zero (0) citations |
| Review Service: | Performed review service twice (2); once for a book, and once for a journal |
| Recommendation Letters: |
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| Case Processing Time: | Two (2) months |
All of the above-listed EB-1B cases are examples of successfully approved petitions, and all of them satisfied the following three criteria for the EB-1B category: 1) International recognition as being outstanding in a specific academic field; 2) At least three years of relevant research or teaching experience; and 3) A job offer for a permanent research position or a tenured or tenure-track teaching position or a comparable research position. Regarding the first criterion, as evidenced in the above list, our clients have sought to establish their international recognition as being outstanding in various ways. To fulfill this criteria, one will have to illustrate achievement in at least two (2) of the following areas: 1) receipt of major prizes or awards for outstanding achievement; 2) membership in associations which require outstanding achievements of their members; 3) published material in professional publications written by others about his or her work; 4) participation as a judge evaluating the works of others; 5) original scientific, scholarly, or artistic contributions in the field; and 6) authorship of scholarly books/articles in journals with an international circulation.
As noted above, given the significant visa number retrogression that many EB-2 category petitioners have experienced, it has become increasingly important for people to seek a green card through the EB-1 category. Thus, we strongly recommend that even if you have applied for permanent residency based on a National Interest Waiver, applying under an EB-1B classification would assist you in achieving your permanent residency goal much faster, especially now that premium processing is available for this category. With premium processing, you may get the I-140 EB-1B case approved in 15 days after the case’s initial filing and a green card in a few months.
Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past fourteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
Zhang & Associates, PC.
Silicon Valley ∙ New York ∙ Los Angeles ∙ Chicago ∙ Houston ∙ Austin
| Tel： | 1-800-230-7040, 713-771-8433 |
| Email： | info@hooyou.com |
| website： | http://www.hooyou.com |
(09/02/2010)
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